I

IN THE COURT OF THE HON'BLE SPECIAL JUDGE FOR EC

& NDPS ACT CASES, AT CHENNAI

Crl.M.P.No. 9997 of 2024

In
C.C.No. 820 of 2024
In
NCB F.No. 48/1/08/2024-NCB/MDS
(ON THE FILE OF THE PETITIONER)

Union of India through Jr. Intelligence Officer,

Narcotics Control Bureau,
Chennai Zonal Unit,
Chennai-77. . .. Complainant

Vs.

I. J Appala Naidu , S/o- Jeereddi Tatabbai,

Rio- Agency Lakshmi Puram, Golugonda Mandalam, ~i~y
Anakapalle Distt., A.P. ... Accused 1

2. Muvvala Ramu, S/o- Muvvala Apparao,

Rio- Sarimanda, Lothu Gedda,
Sarabannapalem, Koyuru Mandalam, ASR Distt., A.P. ... Accused 2 ~

3. Pangi Ravi, S/o- Sundara Rao Pangi,

Rio- 5-28, Pedagondi, PO- Rajupakalu,
Chintapalli I, Barikadorapakalu @Rajupakalu,
Vishakhapattnam / ASR Distt., A.P. ... Accused 3 ,.

4. Bonangi Shiva, S/o- B. Appa Rao,

Rio- Kurumusa Panchayati,
Chintapalli mandalam, ASR Distt., A.P. ... Accused 4 'JC

5. Vandalam Gopal, S/o- Vandalam Konda Babu,

R/o- Viii.- Sampangi Puttu, Chintapalli Mandalam,
ASR Distt., A.P. ... Accused 5 .,

6. Thalladu Sai Babu, S/o- T. Koteswara Rao,

Rio- Bodda Veedhi, Viii.- Boithali,
G. Madugula Mandalam, ASR Distt,. A.P. ... Accused 6 ld
 COUNTER TO PETITION FOR BAIL U/S 483 OF BNSS

The Complainant/Respondent submits as follows:

01. On 01.04.2024, based on a specific information a team of NCB Chennai
effected a seizure of total 5.777 Kg of Hashish Oil from two backpacks found
in collective possession of 06 persons, namely Appal a Naidu, Muvvala Ramu,
Pangi Ravi, Bonangi Shiva, Vandalam Gopal and Thalladu Sai Babu, herein
called the Petitioners at Nallur Toll Plaza, Karanodai, Chennai. The above
l h .
named 06 persons were issued summons u/s 67 dated OI .04.2024 and t eir
l
voluntary statements u/s 67 of the NDPS Act, 1985 were recorded on
02.04.2024 & 03.04.2024 by the Seizing Officer, wherein they inter alia
admitted their guilt and the role played by each of them in the conspiracy
involving contravention in relation to narcotic substance, transporting and
entering into criminal conspiracy and trafficking of the seized total 5.777 Kg
of Hashish Oil. Consequently, all the above named 06 persons were put under
arrest on 03.04.2024 at 2000 hrs., 2030 hrs., 2100 hrs., 2130 hrs., 2200 hrs.,
2230 hrs. under section- 8(c) r/w Sec. 20(b)(ii)(C), 27(A), 28 & 29 of NDPS
Act, 1985 and were remanded to judicial custody on 04.04.2024.

02. The Respondent submits that the petitioners claim of being falsely implicated
in the above said case is not true, as the six persons were found collectively
possessing the said narcotic drug. Further their voluntary statements also
solidify the respondents claim.

03. The Respondents fu1ther submits that the petitioners claim of having nothing
to do with the case is untrue. The six persons are all residents of the state of
Andhra Pradesh, far away from Chennai, hence their presence at the spot of
seizure with the possession of the contraband, solidify their involvement in the
illicit trafficking of Narcotic drug and Criminal Conspiracy. Hence the
petitioners shall not be enlarged on bail.

04. The Respondent further submits that during the course of investigation, the
call details and the tower location of four of the accused person further
solidify the respondents claim. The said accused were found to be frequently
contacting each other just before the day of Seizure, as shown in their call
details;
 Call Details of Appala Naidu (6300456135) and Muvvah1 Ramu (7989320637)
Caller lkcei\1er Dute Time Duration Nature

6300456135 28-Mar-2024 20: 18:14 0 IN-SMS

7989320637
28-Mar-2024 20:31 :45 165 IN-CALL
6300456135 7989320637
29-Mar-2024 07:03:37 0 IN-SMS
6300456135 7989320637
29-Mar-2024 07:04:33 2 OUT-CALL
6300456135 7989320637
29-Mar-2024 07:05: 16 45 OUT-CALL
6300456135 7989320637
29-Mar-2024 14:17:03 0 IN-SMS
6300456135 7989320637
30-Mar-2024 10:09:47 48 IN-CALL
6300456135 7989320637
7989320637 30-Mar-2024 15:31 :08 83 OUT-CALL
6300456135
6300456135 7989320637 30-Mar-2024 17:24:45 204 OUT-CALL

7989320637 31-Mar-2024 13:46:16 16 OUT-CALL

6300456135
7989320637 31-Mar-2024 13:58: 18 22 IN-CALL
6300456135
6300456135 7989320637 31-Mar-2024 16:54:03 123 OUT-CALL

7989320637 31-Mar-2024 16:56:55 37 OUT-CALL

6300456135

Call Details of Muvvala Ramu (7989320637) and Bonangi Shiva (9014888202)-

Caller Receiver Date Time Duration Nature

7989320637 9014888202 31-Mar-2024 18:30:05 18 OUT-CALL

7989320637 9014888202 31-Mar-2024 19:26:52 15 OUT-CALL

7989320637 9014888202 31-Mar-2024 19:28:38 28 OUT-CALL

7989320637 9014888202 31-Mar-2024 19:37:28 83 OUT-CALL

7989320637 9014888202 31-Mar-2024 19:44:23 21 OUT-CALL

7989320637 9014888202 31-Mar-2024 19:47:58 • 17 OUT-CALL

7989320637 9014888202 31-Mar-2024 19:56:25 76 OUT-CALL

7989320637 9014888202 31-Mar-2024 20:35:21 31 IN-CALL

7989320637 9014888202 31-Mar-2024 21 :14:30 0 rN-SMS

7989320637 9014888202 31-Mar-2024 22:07:51 0 IN-SMS

Call Details of Bonangi Shiva (9014888202) and Vandalam Gopal (9014049972)-

Caller Receiver Date Time Duration Nature

9014888202 9014049972 27-Mar-2024 00:52:23 19 OUT-CALL

9014888202 9014049972 27-Mar-2024 01:19:40 73 OUT-CALL

9014888202 9014049972 27-Mar-2024 01 :24:09 9 IN-CALL

9014888202 9014049972 27-Mar-2024 02:08:20 20 IN-CALL

9014888202 9014049972 27-Mar-2024 02:38:42 152 OUT-CALL

9014888202 9014049972 28-Mar-2024 19:52:29 193 IN-CALL

9014888202 9014049972 28-Mar-2024 21 :17:59 43 OUT-CALL

9014888202 9014049972 29-Mar-2024 13:56:36 35 OUT-CALL

9014888202 9014049972 30-Mar-2024 11 :05:21 39 IN-CALL

9014888202 9014049972 31-Mar-2024 15:38:56 44 IN-CALL

 --~~- .. ~~~~
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05. The Respondent submits that by claiming to be innoce ·,, i'lz-

nt and requeS ting to • :'-~~-~
..~
grant bail, the petitioners are lying and trying to deceive the
Hon'b le Court. --~.....
'"'"""'"'
~
The accused shall not be allowed to be released, as they might
free thems elves
from the clutches of law and delay the process of trial which is
yet to begin.

06. The respondent further submits that the petitioners claim

of being a law
abidin g person is false. During the course of investigation it
was found that
one of the accused named Appia Naidu has his involvement in
three differ ent
cases, of which two are offences committed under the NDPS
Act. The
previo us criminal records of Appala Naidu is given below -
Concerned Police Station where
Sr. No. FIR No. Case Descri ption
FIR got registered
Nakkapalli, Anakapalli District,
1. 192/2021 U/s 20(b) ofNDP S Act 1985.
Andl1ra Pradesh
Yclamanchilli, Anakapalli District, U/s 20(b)(ii) ofNDP S Act
2. 101/2022
Andhra Pradesh 1985.
P M Palem, Visakhapatnam, U/s 364-A, 368, 382, 386, 324,
3. 65/2023
/\ndhra Pradesh 120-B, 506(2) r/w 34 of IPC.

07. The Respondent further submits that the six accused were
found collectively
possessing the Narcotic drug, hence their voluntary statement
and further their
arrest was necessary as the offence committed was of comm
ercial quantity
and serious in nature. Further during the investigation, it was
found that the
six person were all involved in this criminal conspiracy, hence
they shall not
be granted bail.

08. The Respondent further submits that however, the invest

igation is completed
and comp laint has been filed, there is still scope of further
investigation and
apprehension of persons involved in this criminal conspiracy.
It is further
submi tted that if the petitioners are granted bail, they might
temper the
evide nces and hamp er the witnesses, which may cause delay
in the trial
proce ss, hence they shall not be granted bail.

09. The Respo ndent further submits that the petitioners are
all residents of ASR
distric t and Anakapalle district in Andhra Pradesh, which is
considered to be
Sensi tive Area due to Naxalite movements. Due to this
reason the house
search of the six accused could not be conducted. The accus
ed shall not be
 granted bail, as the accused might flee from the clutches of justice and their
residenc es are also tough to reach due to sensitivity of the areas.

10. The responde nt submits that the petioners claim of not causing prejudic e are
untrue. If the accused are provided with bail, there might be a possibility of
them to abscond , which could disrupt the speedy trial of this case. Hence the
grounds provided by the accused of granting the bail does not comply.

1 I. The complainant/respondent submits that, the seized contraba nd is of

commerc ial quantity, hence section 37 of NDPS Act attracts and the petitione r
has to satisfy the conditions mentioned in section 37 of NDPS Act. Since the
petitioner failed to satisfy the conditions, he is not entitled for bail.

12. The Respondent further submits that the offence committ ed by the petitione r
is a cognizable offence, involving 5.777 Kg Hashish Oil, more than five times
of the commercial quantity. The petitioner is not innocent, the documen t and
property seized in the case clearly proves that the petitione r has committ ed the
offence knowingly which was also admitted by the petitione r in his voluntar y
statement. The petitioner, in his voluntary statemen t admitted that he is very
well known to the fact and he done it for need of money. Hence the grounds
raised by the petitioner about depriving their fundamental right are not
sustainab le and are liable to be rejected.

On the strength of the grounds stated above, it is therefore prayed that this Hon 'ble
Court may be pleased to dismiss the bail petition filled by the petitione r and thus
render justice.

Dated at Chennai this 7'11 day of October, 2024.

() VIVEK DUBEY

t-l ~ ~~J< L~ Jr. INTELLIGENCE OFFICER

SPECIAL PUBLIC PROSECUTOR NCB, CHENNAI
 IN THE COURT OF THE HON'BLE
SPECIAL JUDGE FOR EC & NDPS ACT
CASES, AT CHENNAI

Crl.M.P.No. 9997 of 2024

In
C.C.No. 820 of 2024
In
NCB F.No. 48/1/08/2024-NCB/MDS
(ON THE FILE OF THE PETITIONER)

Union of India through Jr. Intelligence Officer,

Narcotics Control Bureau,
Chennai Zonal Unit,
Chennai-77. . . .Complainant

Vs.

I. J Appala Naidu , S/o- Jeercddi Tatabbai,

Rio- Agency Lakshmi Puram, Golugonda
Mandalam, Anakapalle Distt., A.P. -~~~
... Accused 1

2. Muvvala Ramu, S/o- Muvvala Apparao,

Rio- Sarimanda, Lothu Gedda, Sarabannapalem,
Koyuru Mandalam, ASR Distt., A.P .
... Accused 2 ~

3. Pangi Ravi, S/o- Sundara Rao Pangi,

Rio- 5-28, Pedagondi, PO- Rajupakalu,
Chintapalli I, Barikadorapakalu @Rajupakalu,
Vishakhapattnam / ASR Distt., A.P.
... Accused 3 ,-

4. Bonangi Shiva, S/o- B. Appa Rao,

Rio- Kurumusa Panchayati,
Chintapalli mandalam, ASR Distt., A.P .
... Accused 4)t.

S. Vandalam Gopal, S/o- Vandalam Konda Babu,

Rio- Viii.- Sampangi Puttu, Chintapalli
Mandalam, ASR Dislt., A.P.
... Accused 5 )'

6. Thalladu Sai Babu, S/o- T. Koteswara Rao,

R/o- Bodda Veedhi, Viii.- Boithali,
G. Madugula Mandaiam, ASR Distt,. A.P .
... Accused 6 -
1

COUNTER TO PETITION FOR BAIL U/S

483 OF BNss·

1--i g, l)}A~ \..-f.J

SPECIAL PUBLIC PROSECUTOR